SUDHIR KUMAR PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has filed this application under Section 482, Cr.P.C. with a prayer to quash the entire proceeding as well as the order dated 02.12.2003 passed by the learned S.D.J.M., Bhadrak in G.R. Case No. 1050 of 2001 arising out of Bhadrak Town P.S. Case No. 0154 of 2001 taking cognizance of the offence under Section 153A of the Indian Penal Code, in short, 'Code'. The prosecution case, in short, is that the petitioner is a News Reporter in local daily 'Kalantar'. A news item was published in the newspaper on 27.9.2001 stating that the local Muslims of Bhadrak were raising fund for Taliban Government. Consequent upon such publication, it is alleged that there was resentment between two groups in the locality leading to communal disharmony for which the petitioner is responsible. With this allegation FIR was lodged by the A.S.I. of Police. On completion of investigation, charge-sheet was filed against the petitioner for commission of offence under Section 153A, IPC and basing upon which cognizance was taken on 02.12.2003.

(2.) Mr. Dayananda Mohapatra, learned counsel appearing for the petitioner strenuously urged that the news item published in local daily 'Kalantar', does not make out a case under Section 153A of the Code. He further urged that on perusal of the said news item, it would appear that there is neither any wording of incitement or causing disorder in the news item published nor the writing is couched in intemperate, undignified and wild language having a tendency to insult the feelings or the deepest religious convictions of any section of the people and more so, the editors were not against the Muslim community as a whole but against the anti-national elements in them and as such, there is no malicious intention causing any disorder of public peace and harmony in publication of such news item. Therefore, the cognizance taken under Section 153A of the Code is unsustainable and seeks for quashing of the same. To substantiate his contention, he has relied upon the judgment of the Supreme Court in Bilal Ahmed Kaloo v. State of Andhra Pradesh, 1997 7 SCC 431 and of the Bombay High Court in Joseph Bain D Souza and another v. State of Maharashtra and others, 1995 CrLJ 1316.

(3.) Mr. Mohapatra, learned counsel for the petitioner has relied upon a judgment of the apex Court in Manzar Sayeed Khan v. State of Maharashtra and another, 2007 37 OCR 499, stating that the apex Court has been pleased to quash the FIR which was filed on the allegation of commission of offence under Section 153A, IPC. In the said judgment, the apex Court made a reference to Bilal Ahmed and observed that merely inciting the feeling of one community or group without any reference to any other community or group cannot attract either of the two sections. Mr. Mohapatra further urged that the order of taking cognizance suffers from non-compliance of the sanction granted under Section 196, Cr.P.C., and therefore the entire proceeding should be quashed in the interest of justice, equity and fair-play.